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November 22, 2005

Some Discussions Not Appropriate Under the ADA?

See "EEOC Explains Employment Rights of Persons
Who Are Blind or Visually Impaired."

I believe the U.S. Equal Employment Opportunity Commission (EEOC) document is helpful for both employers and job seekers.

It's a broad statement of the "access and inclusion" rights people with visual impairments possess under the ADA when it comes to employment.

The EEOC issued the document to help "eliminate unfounded fears and stereotypes which lead to employment discrimination against so many people who are blind or visually impaired."

I think we can give employers an even clearer picture of what we believe "inclusion" should look like in today's workplaces.

Here are the key points the EEOC document makes about what an employer can ask about your disability:

"The ADA limits the medical information that an employer may seek from a job applicant. An employer may not require a job applicant to submit to a medical examination or ask about an applicant's disability before making a job offer.

"This means, for example, that an employer may not:

• Ask about any medical procedures an applicant has had related to her vision (e.g., whether the applicant ever has had eye surgery);
• Inquire as to whether the applicant uses any prescription medications, including medications for conditions related to the eye; and
• Ask whether an applicant has any condition that may have caused a vision impairment (e.g., whether the applicant has diabetes if the employer suspects that the applicant has retinopathy).

"An employer, however, may ask all applicants if they will need a reasonable accommodation for the application process…

"If a disability is obvious (or if an applicant discloses that she has a visual disability) and an employer reasonably believes the applicant will require a reasonable accommodation to perform the job, the employer may ask whether the applicant will need a reasonable accommodation and, if so, what type…

"The ADA strictly limits the circumstances under which an employer may ask questions about an employee's medical condition or require the employee to undergo a medical examination.

"Generally, an employer may ask an employee for medical information if the employer has reason to believe that:

• There is a medical explanation for some change in the employee's job performance.
• Or, the employee's medical condition may pose a direct threat to safety…

"An employer must keep all medical information separate from general personnel files and treat it as a separate, confidential medical record. Issues regarding confidentiality more frequently arise in regard to non-obvious conditions; however, even if the impairment is obvious, information about it must be kept confidential…"

Posted by Jim at November 22, 2005 01:28 PM

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